# EUR-Lex - 52013PC0340 - EN

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# 52013PC0340

**Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms /* COM/2013/0340 final - 2013/0178 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

In order to ensure the requisite legal security
and homogeneity of the Internal Market, the EEA Joint Committee is to integrate
all the relevant EU legislation into the EEA Agreement as soon as possible after
its adoption and also allow for the participation of the EEA EFTA States in EEA
relevant EU actions or programmes.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The draft Decision of the EEA Joint Committee
(annexed to the proposed Council Decision) aims to amend Protocol 31 to the EEA
Agreement
on cooperation in specific fields outside the four freedoms in order to allow
for the EEA EFTA States’ continued participation in EU actions funded from the
General Budget of the Union regarding the implementation, operation and
development of the Internal Market.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

Article 1(3) of Council Regulation (EC) No
2894/94 concerning arrangements for implementing the EEA Agreement provides
that the Council establishes the position to be adopted on the Union’s behalf
on such Decisions, on a proposal from the Commission.

The Commission submits the Draft Decision of
the EEA Joint Committee for adoption by the Council as the Union’s position.
The Commission would hope to be able to present it in the EEA Joint Committee
at the earliest possible opportunity.

2013/0178 (NLE)

Proposal for a

COUNCIL DECISION

on the position to be adopted, on behalf
of the European Union, in the EEA Joint Committee concerning an amendment to
Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the
four freedoms

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 114, in conjunction
with Article 218(9) thereof,

Having regard to Council Regulation (EC) No
2894/94 of 28 November 1994 concerning arrangements for implementing the
Agreement on the European Economic Area[1],
and in particular Article 1(3) thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       The Agreement on the
European Economic Area[2]
(“the EEA Agreement”) entered into force on 1st January 1994.

(2)       Pursuant to Article 98 of
the Agreement, the EEA Joint Committee may decide to amend, among others,
Protocol 31 to the EEA Agreement.

(3)       Protocol 31 to the EEA Agreement
contains provisions and arrangements concerning cooperation in specific fields
outside the four freedoms.

(4)       It is appropriate to
continue the cooperation of the Contracting Parties to the EEA Agreement in European
Union actions funded from the General Budget of the European Union regarding
the implementation, operation and development of the Internal Market.

(5)       Protocol 31 to the EEA Agreement
should therefore be amended in order to allow for this extended cooperation to
continue beyond 31 December 2012.

(4)       The position of the European
Union in the EEA Joint Committee should therefore be based on the attached
draft Decision,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European
Union in the EEA Joint Committee on the proposed amendment to Protocol 31 to
the EEA Agreement shall be based on the draft Decision of that Committee,
attached to this Decision.

Article 2

This
Decision shall enter into force on the day of its adoption.

Done at Brussels,

For
the Council

The
President

ANNEX

Draft

DECISION
OF THE EEA JOINT COMMITTEE
No

of

amending
Protocol 31 to the EEA Agreement,
on cooperation in specific fields outside the four freedoms

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the
European Economic Area, as amended by the Protocol adjusting the Agreement on
the European Economic Area, hereinafter referred to as ‘the Agreement’, and in
particular Articles 86 and 98 thereof,

Whereas:

(1)
It is appropriate to continue the cooperation of
the Contracting Parties to the Agreement in Union actions funded from the
General Budget of the Union regarding the implementation, operation and
development of the Internal Market.

(2)
Protocol 31 to the Agreement should therefore be
amended in order to allow for this extended cooperation to continue beyond 31
December 2012,

HAS ADOPTED THIS DECISION:

Article 1

Article 7 of Protocol 31 to the Agreement
shall be amended as follows:

1.           The words “years 2004, 2005,
2006, 2007, 2008, 2009, 2010, 2011 and 2012” in paragraph 6 shall be replaced
by the words “years 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012 and
2013”.

2.           The words “years 2006, 2007,
2008, 2009, 2010, 2011 and 2012” in paragraph 7 shall be replaced by the words
“years 2006, 2007, 2008, 2009, 2010, 2011, 2012 and 2013”.

3.           The words “years 2008, 2009, 2010,
2011 and 2012” in paragraph 8 shall be replaced by the words “years 2008, 2009,
2010, 2011, 2012 and 2013”.

Article 2

This Decision shall enter into force on the
day following the last notification to the EEA Joint Committee under Article
103(1) of the Agreement*.

It shall apply from 1
January 2013.

Article 3

This Decision shall be published in the EEA
Section of, and in the EEA Supplement to the Official Journal of the
European Union.

Done at Brussels, .

For
the EEA Joint Committee

The
President
           
           
           
            The Secretaries
            to the EEA Joint Committee

[1]               OJ L 305, 30.11.1994, p. 6.

[2]               OJ L 1, 3.1.1994, p. 3.

*               [No constitutional requirements indicated.] [Constitutional
requirements indicated.]